186. Action Memorandum From the Deputy Under Secretary of State for Management (Eagleburger) to Secretary of State Kissinger1
Department Organization for Human Rights
Background
The new security assistance authorizing bill creates in the Department a “Coordinator for Human Rights and Humanitarian Affairs,” who is to be appointed by the President with the advice and consent of the Senate.2 The legislation states that the new Coordinator will be “responsible to the Secretary for matters pertaining to human rights and humanitarian affairs (including matters relating to refugees and [Page 632] prisoner-of-war/missing-in-action) in the conduct of foreign policy,” and that the “Secretary of State shall carry out his responsibilities under Section 502B of this Act through the Coordinator for Human Rights and Humanitarian Affairs.”
The Coordinator is to “maintain continuous observance and review of all matters pertaining to human rights and humanitarian affairs in the conduct of foreign policy” including: (1) gathering detailed information regarding human rights in each country for whom we are proposing security or development assistance; (2) preparing the statements and reports required by Congress; (3) making recommendations to the Secretary and the AID Administrator regarding compliance with the Foreign Assistance Act; and (4) performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries.
Section 302 of the new bill also makes the Coordinator responsible for assisting in the preparation of reports to Congress on discrimination against American citizens in foreign countries where we furnish security assistance. The Conference Report states that the conferees intend that the Coordinator shall be available to the HIRC and SFRC when called upon to report on human rights and discrimination matters.
These new organizational and policy prescriptions originated in the Senate and were designed to require greater emphasis on human rights in the administration of security assistance programs. Initially, the Senate proposed that there be a “Director of Human Rights” exclusively concerned with foreign assistance aspects who would have semi-independent-status and be answerable both to the Congress and the Administration. (The House had no comparable provision.) While we were unable to eliminate entirely a provision for a statutory office, we were able to convince Senate human rights champions of the undesirability of establishing a new and untried bureaucractic entity independent of the chain-of-command, who would have an unduly narrow, and essentially negative role. We argued that the existing D/HA structure could accommodate the expanded human rights duties the legislation specified. This concept was finally accepted by Senator Case whose floor amendment essentially validated the existing Departmental humanitarian affairs mandate (human rights, refugees and POW/MIA’s). The legislative history of this idea indicates clearly, however, that Congress intends that the Coordinator for Human Rights and Humanitarian Affairs shall be given sufficient staff and resources to carry out his enhanced responsibilities with requisite bureaucratic clout. What this means in terms of bodies and money will have to be worked out between the new Coordinator and the PPG. The overall question of integrating the Coordinator into arms transfer decision-making is under study.
[Page 633]Recommendation
That you authorize M to take necessary steps to process the nomination of James R. Wilson as Coordinator for Human Rights and Humanitarian Affairs to be approved by the President and submitted to the Senate.3
- Source: National Archives, RG 59, Records of the Deputy Secretary of State Charles W. Robinson, 1976–1977, Entry 5176, Box 2, D—Chron August 1976. Confidential. Drafted by Coordinator for Humanitarian Affairs James M. Wilson, Deputy Coordinator for Human Rights Ronald D. Palmer, and Special Assistant to the Deputy Under Secretary for Management Eric J. Boswell (CAF/M). Concurred in by Laise, Vest, Deputy Coordinator for Migration and Refugee Affairs James L. Carlin, Assistant Legal Adviser for Politico-Military Affairs James H. Michel, Edward J. Perkins (M/MO), Ann Swift (H), and William H. Lewis (T). A revised text was resubmitted to S/S on August 9.↩
- The International Security Assistance and Arms Control Export Act was signed by President Ford on June 30. (P.L. 94–329; 90 Stat. 748) The position was previously titled the Coordinator for Humanitarian Affairs following its creation on April 25, 1975.↩
- There is no indication of approval or disapproval of the recommendation. However, Wilson was appointed Coordinator on November 17 and began his duties November 29.↩